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PEOPLE v. CORTORREAL

Ind. No. 2745N/17, Appeal Nos. 16081-16082, Case Nos. 2019-5144, 2019-05519.

206 A.D.3d 431 (2022)

167 N.Y.S.3d 775

2022 NY Slip Op 03690

The People of the State of New York, Respondent, v. Arcadio Cortorreal, Appellant. The People of the State of New York, Respondent, v. Juan Ramon Cortorreal, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 7, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of The Appellate Defender, New York ( Joseph Nursey of counsel), for Arcadio Cortorreal, appellant.

Robert S. Dean , Center for Appellate Litigation, New York ( Ben A. Schatz of counsel), for Juan Ramon Contorreal, appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Rachel Bond of counsel), for respondent.

Concur—Renwick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.

The verdict was not against the weight of the evidence. There was ample evidence of constructive possession, including evidence from which a "reasonable jury could conclude that only trusted members of the [drug] operation would be permitted to enter" the apartment in question (People v Bundy, 90 N.Y.2d 918, 920 [1997]), which was being used exclusively to process and package heroin. The evidence also established the guilt of both...

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